Architecture and Public Policy

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CIS explores how changes in the architecture of computer networks affect the economic environment for innovation and competition on the Internet, and how the law should react to those changes. This work has lead us to analyze the issue of network neutrality, perhaps the Internet's most debated policy issue, which concerns Internet user's ability to access the content and software of their choice without interference from network providers.

Professor of Law and Helen L. Crocker Faculty Scholar at Stanford Law School, Director of Stanford Law School’s Center for Internet and Society, and Professor (by courtesy) of Electrical Engineering, Stanford University

Barbara van Schewick is a Professor of Law and Helen L. Crocker Faculty Scholar at Stanford Law School, Director of Stanford Law School’s Center for Internet and Society, Professor (by courtesy) of Electrical Engineering in Stanford University’s Department of Electrical Engineering, and a leading expert on net neutrality.

Paddy Leerssen was the Open Internet Fellow at the Stanford Center for Internet and Society in 2017-2018. AT CIS, he worked on digital media and communications law in general, and net neutrality policy in particular. He is now a PhD Candidate at the University of Amsterdam, where his dissertation focuses on the impacts of algorithmic content recommendations on the governance of media pluralism. Paddy holds an LL.M. from Harvard Law School, where he studied as a Fulbright Scholar, an LL.M. from the University of Amsterdam, and an LL.B. from Maastricht University.

Marvin Ammori is a leading First Amendment lawyer and Internet policy expert. He was instrumental to the adoption of network neutrality rules in the US and abroad–having been perhaps the nation’s leading legal advocate advancing network neutrality–and also instrumental to the defeat of the SOPA and PIPA copyright/censorship bills.

Emily Baxter is a research associate for Women's Economic Policy at the Center for American Progress, focusing on women's and families' economic security, women's leadership, and work-family balance. She previously worked as the special assistant for the Faith and Progressive Policy Initiative at the Center. In the fall of 2012, Emily was a field organizer for President Obama’s re-election campaign near her hometown of Erie, Pennsylvania.

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The Canadian Supreme Court this morning issued its long-awaited ruling in Equustek. The court upheld an order compelling Google to remove search results for specified websites, not just in Canada, but everywhere in the world.

Today, the Stanford Law Review published my very first single-authored publication, “Expanding the Periphery and Threatening the Core: The Ascendant Libertarian Speech Tradition.” This article contributes to the legal scholarly literature about the rise in the mid-to-late twentieth century

The EU’s new General Data Protection Regulation (GDPR) will come into effect in the spring of 2018, bringing with it a newly codified version of the “Right to Be Forgotten” (RTBF). Depending how the new law is interpreted, this right could prove broader than the “right to be de-listed” established in 2014’s Google Spain case. It could put even more decisions about the balance between privacy and free expression in the hands of private Internet platforms like Google.

The paper develops an economic framework for network neutrality regulation. Network neutrality rules forbid network operators to discriminate against third-party applications, content or portals or to exclude them from their network.

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Comcast Corp. v. FCC is a 2010 United States Court of Appeals for the District of Columbia case holding that the Federal Communications Commission (FCC) does not have ancillary jurisdiction over Comcast’s Internet service under the language of the Communications Act of 1934. In so holding, the Court vacated a 2008 order issued by the FCC that asserted jurisdiction over Comcast’s network management polices and censured Comcast from interfering with its subscribers' use of peer-to-peer software.

In 2005, on the same day the FCC re-classified DSL service and effectively reduced the regulatory obligations of DSL providers, the FCC announced its unanimous view that consumers are entitled to certain rights and expectations with respect to their broadband service, including the right to:

"Eshoo and her copanelists, Federal Communications Commissioner Jessica Rosenworcel, Reddit CEO Steven Huffman, and Stanford law professor Barbara van Schewick, remained doggedly optimistic about the future of net neutrality in the United States."

"Van Schewick argued that the motivation for removing net neutrality rules came largely from ISPs looking to capitalize on their positions as gatekeepers. She said that in 2013, prior to net neutrality regulations being put in place, six large ISPs started using “choke points” to slow down certain games and and videos, only speeding them up if the hosting websites were willing to pay.

“The ISPs have more money, and they definitely have more lobbyists,” Schewick said. “But that does not mean they get to win. They only win if we are silent.”"

"Thomas Lohninger, executive director of Epicenter Works, another NGO that ran an ostensibly grassroots campaign against the Copyright Directive, says his group worked with politicians from across the spectrum. “You can find allies in all political parties, and if you are working toward the majority, you also have to talk with all of the people and explore all avenues that you can in order to gain a majority. And that's what we did,” Lohninger says. “There are of course the Euroskeptics, that are fundamentally opposed to every type of European legislation or regulation.

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In 2017, the FCC voted to abolish net neutrality protections, which ensure that we, not the companies we pay to get online, get to choose what we do online. This event will explore what we lost, why it matters, and what’s happening with efforts to restore those protections in the courts, the states and Washington, D.C.

Join the FCBA's Northern California Chapter for an engaging discussion with key government, academic, and industry speakers to discuss the past, present, and future of net neutrality policy in California.

The days are numbered for federal net neutrality regulations. In response, some states are working on their own versions to prevent internet service providers (ISP) from blocking, slowing or charging more for some web traffic. Oregon, Washington and several other states have made new rules, but a bill working its way through the California legislature would go the furthest. Marketplace Tech host Molly Wood spoke with Ryan Singel, a media and strategy fellow at Stanford Law School, about how a state can regulate a business that crosses state lines.